英文法律词典 L-6

LAST SICKNESS. That of which a person died.

2. The expenses of this sickness are generally entitled to a preference, in payment of debts of an insolvent¹ estate. Civ. Code of Lo. art. 3166; Purd. Ab. 393.

3. To prevent impositions, the statute² of frauds requires that nuncupative wills shall be made during the testator's last sickness. Rob. on Frauds, 556; 20 John. R. 502.

LATENT, construction. That which is concealed³; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he had two cousins named Peter, and he owned two white horses, the ambiguity⁴ in this case would be latent, both as respects the legatee, and the thing bequeathed. Vide Bac. Max. Reg. 23, and article Ambiguity. A latent ambiguity can only be made to appear by parol evidence, and may be explained by the same kind of proof. 5 Co. 69.

LATITAT, Eng. law. He lies hid. The name of a writ⁵ calling a defendant⁶ to answer to a personal action in the king's bench; it derives⁷ its name from a supposition that the defendant lurks⁸ and lies hid, and cannot be found in the county of Middlesex, (in which the said court is holden,) to be taken there, but is gone into some other county, and therefore requiring the sheriff to apprehend⁹ him in such other county. Fitz. N. B. 78.

LAUNCHES. Small vessels¹⁰ employed to carry the cargo¹¹ of a large one to and from the shore; lighters¹³. (q. v.)

2. The goods on board of a launch are at the risk of the insurers till landed. 5 N. S. 887. The duties and rights of the master of a launch are the same as those of the master of a lighter¹².

LAW. In its most general and comprehensive sense, law signifies a rule of action; and this term is applied¹⁴ indiscriminately to all kinds of action; whether animate¹⁵ or inanimate, rational or irrational¹⁶. 1 Bl. Com. 38. In its more confined sense, law denotes the rule, not of actions in general, but of human action or conduct. In the civil code of Louisiana, art. 1, it is defined to be "a solemn expression of the legislative¹⁷ will." Vide Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 4; 1 Bouv. Inst. n. 1-3.

2. Law is generally divided into four principle classes, namely; Natural law, the law of nations, public law, and private or civil law. When considered in relation to its origin, it is statute law or common law. When examined as to its different systems it is divided into civil law, common law, canon law. When applied to objects, it is civil, criminal, or penal¹⁸. It is also divided into natural law and positive law. Into written law, lex scripta; and unwritten law, lex non scripta. Into law merchant, martial¹⁹ law, municipal law, and foreign law. When considered as to their duration, laws are immutable²⁰ and arbitrary or positive; when as their effect, they are prospective²¹ and retrospective. These will be separately considered.